My wife had a check she needed to deposit into our accout, and I wasn't around so she signed it.
2007-08-22 15:56:45 · 7 answers · asked by George P 2 in Politics & Government ➔ Law & Ethics
Technically it is not legal but everybody does it at some point. If the check goes through and no one has an issue with it who is to care? And if some third party did a judge would go "whatever". No damage was done and your wife didn't "steal" anything. She put money in your account. So no charges.
The answer that mentioned Power of Attorney reminds me to tell you. Every couple should have them. If something should happen to either of you or if one is incapacitated a POA can cut through a whole lot of red tape. And if you have kids you can have one drawn up for someone trusted (like one of your parents) that only kicks in if you are both incapacitated.
2007-08-23 04:42:57 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
Yes. The only way you can sign your spouse's name on a document in their absence is if you and your spouse had a signed agreement with the court for POWER OF ATTORNEY!... Power of attorney documents giving you this permission must be presented to witness (bank if loans) at time of signing with photo ID. And it must be an original copy sealed by the court, not a copy of it. Signing without this legal contract is forgery.
2016-05-20 05:27:55 · answer #2 · answered by tierra 3 · 0⤊ 0⤋
In most situations, yes. Your permission has to be based on knowing all the facts. If she asked if she could sign your name to a check for deposit, but instead cashed the check, that would not be legal.
2007-08-22 16:06:21 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
I have signed my husbands name to deposit checks before, but you can also write on the back of the check for "deposit only" in place of the name. I have never been questioned about it... I also have a power of attorney for my husband to.
2007-08-22 16:08:33 · answer #4 · answered by Lori H 3 · 0⤊ 0⤋
I would say yes to this one. My Mom has been endorsing my Dad's paycheck with his name for about 30 years. Of course, she has his approval. I don't believe it is a problem unless you notify the bank that it is a problem and then likely there will need to be a police report.
2007-08-22 16:40:44 · answer #5 · answered by Julie H 7 · 0⤊ 0⤋
In most cases, yes, this is perfectly legal. As thylawyer said, the permission must be specific.
2007-08-22 16:15:31 · answer #6 · answered by Jason W 5 · 0⤊ 0⤋
Yes, because for it to be considered forgery, some kind of fraud has to take place. It isn't fraudulent if your permission was provided.
2007-08-22 20:33:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋